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Negligent Security Lawyers

When Poor Security Enables Criminal Violence

At Shane Smith Law, we champion the cause of people who have been wrongfully injured due to negligent security. When property managers fail to implement the necessary safety measures, leaving you vulnerable to criminal violence, we step in to demand justice. Our dedicated team takes pride in representing you, turning a terrible situation into a powerful claim or lawsuit to help you find closure. With our vast practice experience and tenacious legal team, we fight to hold accountable those who failed to prioritize your safety. Your security was compromised; now, it's our mission to help you reclaim your peace of mind.

Call (980) 246-2656 for case review, entirely free of charge.

What is Negligent Security?

Negligent security refers to a situation where a property owner or manager fails to provide adequate security measures, resulting in harm to a guest, patron, visitor, or another individual due to criminal activity. If a person is injured or suffers losses due to a crime that could have been prevented by proper security measures, in many situations, the property owner can be held liable for those damages through premises liability laws, which will vary slightly from state to state. The underlying concept is that property owners have a duty to provide a safe environment for people who are lawfully on their premises.

Negligent security can involve issues like:

  • Inadequate lighting
  • Lack of security personnel
  • Poor security camera placement
  • Missing locks on exterior entrances

What Properties Should Have Security Measures?

Various types of properties need to take measures to secure their premises from potential criminal offenders. Residential properties such as apartment buildings or housing complexes should take steps to make sure only welcomed tenants and their guests can easily enter the property. Commercial properties that might attract criminals or that are in high-crime areas should also use ample security measures, such as 24/7 convenience stores or casinos. 

The level of security measures required can vary depending on the nature of the property. For example, a bank should use strong security measures like alarm systems, security personnel, and surveillance cameras. On the other hand, a small business in a low-crime neighborhood might only require adequate lighting and secure locks to deter criminal activity.

Places with a high footfall, such as shopping malls or stadiums, need to ensure crowd control and emergency response systems are in place, alongside regular security measures. Schools and hospitals are responsible for a vulnerable population and thus require a different set of security considerations such as visitor management systems and emergency lockdown procedures.

Injuries in Negligent Security Claims

Negligent security situations can lead to a wide range of injuries, many of which can be severe and life-altering. At Shane Smith Law, we work closely with medical experts to gain a comprehensive understanding of our clients' injuries. This allows us to accurately represent the true extent of their suffering and loss, including how it will affect them in the future.

Injuries that can come up in a negligent security claim are:

  • Physical injuries like cuts, broken bones, etc.
  • Sexual injuries in cases involving sexual assault.
  • Emotional trauma caused by the frightful nature of a crime.

Damages in Negligent Security Claims

At Shane Smith Law, we understand the enormous impact that injuries from negligent security can have on your life and livelihood. Our dedicated team of attorneys will work tirelessly to fight for the compensation you are owed. We are skilled in negotiating settlements and, when necessary, we are prepared to go to trial to fight for a just financial award. We believe that no one should have to bear the financial burden of an injury that resulted from someone else's negligence.

Four important types of damages we aim to recover in a successful negligent security claim are:

  1. Medical costs: These include all expenses related to medical care required due to the injury, such as hospital bills, medication costs, physical therapy, and future medical expenses if ongoing treatment is needed.
  2. Lost wages: If the injury caused you to miss work or reduced your ability to earn, you could be compensated for these lost wages. This also includes loss of future earning capacity if the injury leads to long-term disability.
  3. Emotional trauma: Victims of crimes often suffer significant emotional distress. Compensation for emotional trauma aims to acknowledge this non-physical damage, which can include anxiety, depression, post-traumatic stress disorder (PTSD), and more.
  4. Pain and suffering: This refers to the physical pain and discomfort caused by the injury, as well as the mental anguish associated with serious injuries. The amount awarded for pain and suffering varies and is generally based on the severity of the injury and its impact on the victim's life.

Prepare Your Case with Our Help – Call Now

In the face of negligent security incidents, our mission at our law firm is clear: to fight relentlessly for the justice and compensation our clients deserve. We understand that these damages encompass not just medical costs and lost wages, but also the emotional trauma, pain, and suffering you've had to endure. You are not alone on this journey. Our dedicated team of experienced negligent security attorneys is ready to guide you every step of the way, offering trusted legal counsel and unwavering support.

Contact us today for a free consultation. Dial (980) 246-2656.

 

Frequently Asked Questions

Start Getting Answers to yOur Questions
  • How Do I File a Negligent Security Lawsuit?

    To file a negligent security lawsuit, follow these steps:

    1. Consultation: Schedule a consultation with our premises liability lawyers to discuss the details of your case and determine if you have a viable claim for negligent security.
    2. Investigation: Your lawyer will conduct a thorough investigation into the circumstances surrounding the incident, gathering evidence such as witness statements, police reports, security footage, and property maintenance records.
    3. Legal Action: If your lawyer determines that you have a valid claim for negligent security, they will file a lawsuit on your behalf against the responsible parties, which may include the property owner, security company, or other relevant entities.
    4. Discovery: Both parties will engage in the discovery process, during which they exchange relevant information and evidence related to the case.
    5. Negotiation: Your lawyer will attempt to negotiate a settlement with the opposing party to compensate you for your injuries and damages.
    6. Trial: If a settlement cannot be reached, your case may proceed to trial, where a judge or jury will hear the evidence and arguments from both sides and render a verdict.
  • How Do I Choose the Right Lawyer After a Negligent Security Injury?

    When choosing a lawyer for a negligent security injury case, it's important to look for an attorney with experience and expertise in premises liability and personal injury law. Here are some factors to consider:

    • Experience: Look for a lawyer who has successfully handled negligent security cases and has a track record of obtaining favorable outcomes. At Shane Smith Law, we understand the security standards property owners and security companies are expected to uphold, and we have amassed a record of success that includes millions of dollars in compensation for victims of negligent security and other property-related accidents and crimes.
    • Reputation: Research the lawyer's reputation in the legal community and read client reviews to ensure they have a good reputation for professionalism and client satisfaction. Our firm makes clients our top priority and has the testimonials to back it up.
    • Communication: Select a lawyer who communicates openly and regularly with clients, keeping them informed about the progress of their case and addressing any concerns they may have. When you choose Shane Smith Law, you’ll have advocates and support staff who are always available to your needs and able to answer your questions.
    • Personalized Attention: Find a lawyer who will provide personalized attention to your case and prioritize your needs and goals throughout the legal process. Our team believes that one-on-one attention is key for both strengthening claims and giving clients the level of support they deserve.
  • How Do I Prove Security Guard Negligence in a Lawsuit?

    To prove security guard negligence in a lawsuit, you must demonstrate the following elements:

    1. Duty of Care: Show that the security guard owed a duty of care to protect individuals on the property from foreseeable harm.
    2. Breach of Duty: Establish that the security guard breached this duty by failing to exercise reasonable care in performing their duties, such as by failing to properly monitor the premises, respond to security threats, or follow established security protocols.
    3. Causation: Demonstrate that the security guard's breach of duty was a direct cause of the harm suffered by the plaintiff.
    4. Damages: Provide evidence of the damages suffered because of negligent security, such as physical injuries, emotional distress, medical expenses, and lost wages.

    Gathering evidence such as witness testimony, surveillance footage, incident reports, and expert testimony can help strengthen your case and prove security guard negligence in a lawsuit. Working with an experienced premises liability lawyer can also significantly improve your chances of success in obtaining compensation for your injuries and damages.

  • Can a Security Guard Be Held Liable for a Crime That Occurs on the Property?

    Yes, a security guard can be held liable for a crime that occurs on a property if it can be proven that their actions or inactions contributed to the lack of security, allowing the crime – and subsequently the injury – to happen.

    Security guards have a duty to exercise reasonable care in performing their duties to prevent foreseeable harm. If they fail to fulfill this duty, they may be held liable for negligence.

    Whether or not you can name a security guard as a defendant in your claim will depend on the circumstances surrounding your injury, as well as the nature of the security guard’s employment. In many cases, victims will pursue claims against the security company that employed the negligent guard (and which typically carries sufficient insurance coverage), as well as the property owners or managers who contracted with the security company. Our attorneys can advise you of your options after reviewing the facts of your case.
  • Can I Sue for Negligent Security if the Crime Happened During the Day?

    Yes, you can still sue for negligent security even if the crime happened during the day. The key factor in determining liability is whether the property owner or security personnel failed to take reasonable steps to prevent the crime from occurring.

    Negligent security cases are based on the concept of foreseeability, which means that if it was reasonably foreseeable that a crime could occur on the property, then the property owner or security personnel have a duty to take appropriate security measures regardless of the time of day.

    However, the time that a crime and your injury occurred may be a factor when it comes to defining what constitutes “reasonable” crime prevention measures or when overcoming some defenses. These include contentions from defendants who argue that certain crimes or injuries were not reasonably foreseeable because they occurred at points in the day not typically associated with crime, or that certain measures were not reasonable or necessary at certain times of the day. Handling these issues may require closer investigation into the surrounding circumstances and the history of the property.
  • Can You Sue a Security Company for Negligence?

    Yes, you can sue a security company for negligence if their failure to provide adequate security measures contributed to the occurrence of a crime on the property.

    While there are a variety of ways that security company negligence can be grounds for legal action, some of the most common examples include:

    • Failing to properly train security personnel
    • Inadequate staffing
    • Failing to reasonably address potential security threats
    • Failure to intervene
    • Unreasonable security lapses
    • Failure to follow security protocols